Preview
UD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Sar number, and address) FOR CO(JRT t)SE ONLY
—Bernadette Zachariah
7777 Bates Rd. Tracy, Ca95304
TELEPHONE NO: 209 836- 1 489 FAX NO (Opsonal)
E-MAILADDRESS (Opbonal)
In
ATTQRNEY FQR (Name). Pro Per
t
sUPERIQR coURT oF GALIFQRNIA, coUNTY oF
STREET
San Mateo ~g tI„II+$ r g1(3
ADDRESS'AILING
g
ADDREss 400 County Center PE.B
Redwood
GITY AND zIP coDE: City,Ca 94063 f
BRANCH NAME.
G
PLAINTIFF: Bernadette Zachariah pun
3~(
oEFENoANT: Erlinda Santamaria
C~7 DOES1TO 10
COMPLAINT —UNLAWFULDETAINER'ASE NUMBER
IX COMPLAINT C] AMENDEDCOMPLAINT(AmendmentNumber): C L 'I ~
Jurisdiction (check all that apply):
ACTION IS A LIMITEDCIVIL CASE
Amount demanded ~vr does not exceed $ 10,000
exceeds $ 10,000but doesnot exceed626,000
ACTION IS AN UNLIMITEDCIVIL CASE (amount demanded exceeds $ 26,000)
ACTION IS RECLASSIFIED by this amended
from unlawful detainer to general
from unlawful detainer to general
complaint or crosswomplaint
unlimited civil (possession
not In Issue)
limited civil (possession
not In issue)
~
(check all that apply):
from limited to unlimited
from unlimited to limited
1. PIAINTIFF (name each):
Bernadette Zachariah
allegescauses of actionagainst DEFENDANT (name each):
Erlinda Santamaria
Cj
plaintif ls(1)
(2)~
C~]
~
an individual over the age
a public agency
of 18 years. (4)
(6) ~ a partnership.
a corporation.
b. ~ (3)
Plaintiff has
other (specify);
complied with the fictitious business
name laws and is doing businessunder the fictitious name
of (specffy).
3. Defendant named above of the premises
is in possession locatedat (street
address, and county):
city, zip code,
apf. no.,
285 Sunshine Dr. Pacifica,94044 San Mateo County
4.
5.
Plaintiff's interest
The true names
in the premises
and capacities
is ~v's
of defendants
owner
sued as
~
Does are
other(specify):
unknown to plaintiff.
6. a. Onorabout(date): March 9,2007 defendant (name each):
Erlinda Santamaria
~v'onth-to-month
(1)
(2)
agreed
agreed
to rent the premises
to pay rentof$
as a
~
2595.00 payable
tenancy
~v'onthly ~
~~ other tenancy (specify):
other(specifyfiequency):
b.
(3)
This
agreed
~4
to pay rent
written ~
on the
oral
first of the month
agreement
~
was made
~g other day
with
(specify):
'OTE:
(1)
(2) ~
~~ plaintiff.
plaintifrs agent.
(3)
(4)~ plaintifrs predecessor
other (specify):
in interest.
Do not use this form for evictions after sale
(Code Civ. Proc.,
g 1161a). Page1of 3
Form Approved for Opftonel Use
Counal of Calrfomia
Judssal
UD-100 (Rev July 1, 2005I
COMPLAINT — UNLAWFULDETAINER Cnnl Code, g 1940 ei seq
Code of Ciwl Procedure
gg 425.1 2, 1166
www.coumnfo ca gov
CASE NUMBER:
PLAiNTiFF (Name). Bernadette Zaehariah
oEFENoANT(Name): Erlinda Santamaria
6. c. ~ ~
The defendants not named in item 6a are
(1)
(2) ~
~
subtenants.
assignees.
d. ~ (3) other (specify):
The agreement was later changed as follows (specify):
e. ~d A copy of the written agreement,
including any addenda or attachments of this complaint,
that form the basis is attached
f. ~ and labeled
~
Exhibit 1.(Required
(For residential property)
for residential properly,
unlessitem 6fis checked.
is not attached
A copy of the written agreement because
See Code Civ. Proc.,
(specify reason):
$ 1166.)
7 ~~ a.
(1)
(2) ~
Defendant
the wntten agreement
this action
(name
is solely for nonpayment
each):
of the
is not in the possession
of rent (Code
landlord or the landlord's
CI. Proc.,tt 1161(2)).
employees or agents.
Erlinda Santamaria
was served the following notice on the same
date and in the samemanner:
(1)
(2)
(3)
~
C~l
~
3-day
30-day
60-day
notice to pay rent or quit
notice to quit
notice to quit
(4)
(5)
(6)
~
C3
~
3-day notice to perform covenants
3-day notice to quit
Other (specify):
or quit
(1) On (date): Feb.17,2013 the period statedin the notice expired
at the endof the day.
(2) Defendants failed to comply with the
requirements of thenotice by that date.
All facts
statedin the notice are
true.
CH The notice includedan electionof forfeiture.
A copy of the notice
is attachedand labeled Exhibit 2.
(Required for residential property.
See Code Civ. Proc.,
$ 1166.)
One or more defendants were served (1) with a different notice, or (3) in a different
(2) on a different date,
manner, as statedin Attachment 8c. (Check item 8c and attacha statementproviding the Information required
byitems 7a-e and 8 for each defendant.)
(1)
(2)
~
The notice
~
in item 7a was served
by personallyhanding
on the defendantnamed
a copy to defendant
by leaving a copy with (name
in item 7a as follows:
on (date):
or description):
a person
residence
(date):
~
of suitable
age and discretion,
business
on (date):
AND mailing a copy to defendant
because defendant cannot
at defendant's
at defendant'splace
be found at defendant's
of residence
residenceor usual
on
of business.
(3)~J'y place
postinga copy on the premises on (date):Feb.11,2013 AND giving a copy to a
person found residingat the premisesAND mailing a copy to defendantat the premiseson
(a) ~
(date):
~~
Feb.11,2013
because
because
defendant's
no person
residence
of suitable
and usualplace of business
or discretion
cannot be ascertained OR
~
(b) age can be found there.
(4) (Alot for 3/l +~@~, hereinafterreferred to asTenant, the sum
of 3912.50 (thirty ninehundred twelve dollarsand fiftycents ), asa deposit which, upon acceptance ofthisrental agreement, the
Owner of the premises, hereinafter referredto as Owner, shallapply said deposit asfollows:
TOTAL RECEIVED BALANCEDUE
Rent for the period from March 15,07- Mar.31,07 1297.50 1297.50
Security deposit (not applicabletoward last months rent) $ 2595.00 2595.00
Other .creditcheck fee. 20.00... $ 20. $
Total. $ 3912.50 3912.50
In the eventthat this agreement is not acceptedby the Owner or his authorized agent,within 3 days, the total deposit received
shall be refunded. Tenant hereby offers to rent fiom theOwner the premises situatedin the CITY of Pacifica
, County of San Mateo , Stateof CA 94044 described as
285 Sunshine ccnsistingof upon thee
terms.
1. TERM: The tenn hereof shall commence on Mar. 9,2007 , and continue (check one of the two following alternatives):
until Mar.31.2008 ,fora monthly rentof $ 2595.00
on a month-to-month basis thereafter,until either party shall terminate
thesame by giving the other party 30 days written notice
delivered by certified mail.
2. RENT: Rent shall be $ 2595.00, per month, payable in advance, upon the 1st day of each calendar month to Owner
or his authorizedagent, at thefollowing address: B. or C. Zachariah, 7777 Bates Rd. Tracy, CA. 95304, or atsuch other places as
may be designated by Owner from time to time. In the eventrent is not paid withinFIVE days afterdue date, Tenant agrees topay a
late fee of $ 45.00.
The late charge period is not a graceperiod,and Owner isentitledto make written demand for any rent unpaid on
the second day of the rental period.There is adishonored check fee of $25.00. Any unpaid balances remaining aftertermination of
occupancy are subject to 1 per month of the maximum rate
1/2 '/0 interest allowed by law.
3. MULTIPLEOCCUPANCY: It is expressly understood that this agreement is between the Owner and each signatory jointly and
severally.In the eventof default by any one signatory each and every remaining signatory shall be responsible for timely payment of
rent andall other provisionsof this agreement.
4. UTILITIES: Tenant shall be responsiblefor the payment of all utilities and
services,except , which shall be
paid by Owner.
5. USE: The premises shall be used exclusively as a residencefor no more than l persons. Guests staying more than a
total of 30 daysin acalendar year without written consent of Owner shallconstitute aviolation of thisagreement.
6. ANIMALS:No animals shall be brought on the premises without the prior consent of the Owner
7. HOUSE RULES: In the event that the premisesare a portion of a building containingmore than one unit, Tenant agrees to abideby
any and all houserules,whether promulgated before or after the executionhereof, with respect
including, but not limited to, rules to
noise,odors, disposalof refuse,animals, parking, and use of common areas. Tenant shall not have a waterbed on premises without
of the Owner.
prior written consent
8. ORDINANCES AND STATUTES: Tenant shall comply with all statutes,
ordinances and requirement of all municipal, stateand
federalauthoritiesnow in force, or which may hereafter be in force, pertainingto thesue of the premises. Ifyou are located in a rent
control area,
contact Rent and Arbitration Board for your legal rights
9. ASSIGNMENT AND SUBLETTING: Tenant shall not assignthis agreement or subletany portion of the premises without prior
written consentof the Owner.
10. MAINTENANCE,REPAIRS OR ALTERATIONS: Tenant acknowledges that the premises are in good order and repair,unless
otherwise indicatedherein. Tenant shall,at his own expense, and at all times, maintain the premisesin clean and sanitarymanner
including all equipment,appliances, furniture and furnishingstherein and shallsurrender the same, at termination hereof,in asgood
condition asreceived, normal wear and tear excepted. Tenant shall be responsiblefor damages caused by the negligence and that of
his family or invitees
and guests. Tenant shall not paint, paper
or otherwise redecorate or make alterations to the premiseswithout
priorwritten consent ofthe Owner. Tenant shall irrigate
and maintain any surrounding grounds, including lawns and shrubbery, and
keep the same clear of rubbishor weeds, ifsuch grounds area part of the premisesand areexclusively for the use of the Tenant.
Tenant shall not commit any waste upon said premises, or nay nuisance or act which may disturb the quiet enjoyment of any tenant in
the building.At the time of occupancy there areno broken windows. Tenant is responsible for replacement of broken windows
except ifwindow is non operable (cannot open/close). Tenant is responsiblefor clogged sewer, sink, or toilet lines unless
sewer pipe
is defective.The lawn should be maintained and ifit is not maintaineda professionalgardener can be hired to upkeep the lawn and
the expenses will be added to the rent.
11. DAMAGE TO PRESMISES: Ifthe premises areso damaged by fire or from any other causeas to render them untenantable, then
the right to terminate
either party shall have this Leaseas of thedate on which such damage occurs, through written notice to the
other party, to be given within fifteen (15) daysafter occurrence of such damage, except that should such damage or destruction
occur as the result of the
abuse or negligence of Tenant, or its invitees,
then Owner only shall have the right to termination.Should
2
either Owner or Tenant, then rent for thecurrent month shall be proratedbetween the partiesasof the datethe
this right be exercised
damage occurred and any prepaid rent and unused security depositshall be refunded toTenant. Ifthis Lease is notterminated, then
Owner shall promptly repair the premises and there shall be a proportionatededuction of rent until the premisesare repaired and
ready for Tenant's occupancy. The proportionate reduction shallbe based on theextent to which themaking ofrepairs interferes
withTenant'sreasonableuse ofthepremises. Anybroken.windows are theresponsibilityofthe Tenant. Anysewerbackup is the
responsibility of Tenantunless the pipe isdefective.
the premises:
the right to enter (a) in caseof emergency; (b) to make necessary or
12. ENTRY AND INSPECTION: Owner shall have
decorations, alterations,improvements, supply necessary or agreed services,exhibit the premises to prospective or
agreed repairs,
actual purchasers,mortgages, tenants,workmen or contractors;(c) when tenanthas abandoned or surrendered the premises. Except
under and (c), entry may not be made other than during normal business hours, and without not less than 24 hours priornotice to
(a)
Tenant.
13. INDEMNIFICATION:Owner shall not be liable for any damage or injury to Tenant,or any other person, or to any property,
occurring on the premises or any part thereof,or in common areasthereof,unless such damage isthe proximate result of the
negligence of unlawful act of Owner, his agents,or his employees. Tenant agrees tohold Owner harmless from any claims for
damages, no matter how caused, except for injuryor damages for which Owner islegallyresponsible.
14. PHYSICAL POSSESSION: Owner shall not be liable for any damage or injury to Tenant,or any other person, or to any property,
occurring on the premises er any part thereof,or in common areasthereof, unless such damage is theproximate resultof the
negligence or unlawful act of Owner, his agents, or his employees.
15. DEFAULT: IfTenant or perform any tenn hereof,
shall fail to pay rent when due, after not less
than three (d j days written notice
of such default given in the mannerrequired by law, theOwner at his option, may terminate all rightsofTenant hereunder, unless
Tenant, within said such
time, shall cure default.IfTenant abandons or vacates theproperty, while indefault of thepayment of rent,
Owner may consider any property left on the premises to beabandoned and may dispose of thesame in any manner allowed by law.
In the eventthe Owner reasonably believesthat such abandoned property has no value, itmay be discarded. Allproperty on the
premises is hereby subject to a lien in favor of Owner for the paymentof all sums due hereunder, to the maximum extent allowed by
law. Inthe event ofdefault by Tenant, Owner may elect to(a) continue the leasein effectand enforce allhisrights and remedies
hereunder, including the right to recoverthe rent asit becomes due, or (b) at any time, terminateall of Tenant'srights hereunder and
recover from Tenant all damages he may incur by reason of the breach the lease,including the costof recovering the premises, and
including the worth at the time of suchtermination, or at the time of an awardifsuit be instituted
to enforce this provision, of the
amount by which the unpaid rent for the balance of the term exceeds the amount of such rental losswhich the Tenant proves could be
reasonably avoided.
16. SECURITY: The security deposit set forth, ifany,shall securethe performance of Tenant's obligations hereunder. Owner may, but
shallnot be obligated to, applyallportions of said deposit on account of Tenant's obligations hereunder. Any balance remaining
upon termination shall be returnedto Tenant. Tenant shall not havethe right to apply the
security deposit in payment of the last
month's rent.
17. DEPOSIT REFUNDS: The balance of all deposits
shall be refunded within two weeks from date possession is deliveredto Owner
or his Authorized Agent, togetherwith a statement showing any charges made against such deposits by Owner.
18. WAIVER: No failure of Owner to enforce any term hereof shall bc deemed a waiver. The acceptance of rent by Owner shall not
any term hereof.
waive his right to enforce
19. NOTICES: Any notice which either party may give or is required to give, may be given by mailing the same, certified mail, to
Tenant at the premisesor to Owner at the address shown herein or at suchother places as may be designated by the partiesfrom time
to time.
20. HOLDING OVER: Any holding over after expiration hereof, with the consent of Owner, shall beconstrued as a month-to-month
tenancy in accordance with the terms hereof,as applicable, until either party shall terminate
the same by giving the other party thirty
(30) days written notice delivered by certified mail.
21. TIME: Time is of the essence of this agreement.
22. SUBSTANCE ABUSE: Any drug activity by tenant is groundsfor eviction.
ENTIRE AGREEMENT: The foregoing constitutes the entireagreement between the parties and may be modified only by a writing
signed by both parties. The following Exhibits, ifany, have been made a part ofthis agreement before the parties'xecution hereof:
The undersigned Tenant hereby acknowledges receipt of a copy hereof
Lessor: B. OR C. ZACHAB'JAH
7777 BATES RD.
Tracy, CA. 95304
(209) 836-1489
Acceptance: Owner DATED:
"=,:,:: .'.;Ii7'4'i IQNiiiI',ll & ii'.I]llg'Vill'
>h>."premises described as Q f5 X »n/SHlit/8 Mg.. P3 C/&Cd'-Wnr pry-TZ-,'
County, California. g fggg
PI.EASE TAIiE NOTICE that the rent is >now due and payable on the abo'.
Iesci ibed premises which you currentl~ hold occupancy
'i'o«i i entaI account is delinquent in the ainoiint itemized as folloii
'~'3 ~~~'~» Rem>Due
s'~~
p5 gg.oo
Rent Due
g alice legal proceedings against you to (1) declar» a forfeiture of your lease agiee>n ",;
,'2>i ecover possession of the premises'3) recover the rent demanded neiein, dui '..
t'oi
pei iods coi ered by this notice,'nd, (4) recover damaees for each day that you occiip; i';;~
..ein>. e.-.a'.tei the periods covered bv this notice, and costs of suit and attorney'; I'ee>
:::ih«altern itiie, you are ieq«»ed to vacate a:id deliier the piemises to ihc
.,«>.i.».>i,i.;I;in i)-ice dais ifter seriico of this notice.
ii you fail io timely pay the amount deinanded by this notice, the under ignen
:J~";l»ci the foi feiture of the rental agreement under which you hold possession of the
p> c;n:sea
As required by law, you are hereby notified that a negative credit report reflecting .::;you:
credit history may be submitted to a credit reporting agency ifyou fail tofulfillthe terms of your
credit obligations. This Three Day Notice to Pay Rent or Quit supersedes all previous Three.Day
Notices to Pay Rent or Quit.
Q>i y
Bl',RNADETTE ZACH.CI.'iI-l. () i".:i'
PROOF OF SERVICE
I, the undersigned, being at least 18 years of age, declare under penalty of perjury that I
served the above notice, of which this is a true copy, on the above mentioned tenant(s) in possession
in the manner(s) indicated below'n
, I handed the notice to the tenant.
On ,after attempting personal service, I handed the notice to a person of
suitable age and discretion at the tenant's residence/business of the person(s) in possession,
AND I deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid,
addressed to him/her them at his/her/their place of residence (date mailed, if
different ).
On +51/ ~ ~~, after attempting service in both manners indicated above, I posted
the notice in a conspicuous place at the residence of the tenant(s), AND I deposited a true
copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to
him/her/them at his/her/their place of residence (date mailed, if different ).
Executed on F+> ~~ ~ ~, at the City of/4/l ~<&ounty of~W~~'P, State of
California.
Served by'.
Print Name-'
Preview
UD-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Sar number, and address) FOR CO(JRT t)SE ONLY —Bernadette Zachariah 7777 Bates Rd. Tracy, Ca95304 TELEPHONE NO: 209 836- 1 489 FAX NO (Opsonal) E-MAILADDRESS (Opbonal) In ATTQRNEY FQR (Name). Pro Per t sUPERIQR coURT oF GALIFQRNIA, coUNTY oF STREET San Mateo ~g tI„II+$ r g1(3 ADDRESS'AILING g ADDREss 400 County Center PE.B Redwood GITY AND zIP coDE: City,Ca 94063 f BRANCH NAME. G PLAINTIFF: Bernadette Zachariah pun 3~( oEFENoANT: Erlinda Santamaria C~7 DOES1TO 10 COMPLAINT —UNLAWFULDETAINER'ASE NUMBER IX COMPLAINT C] AMENDEDCOMPLAINT(AmendmentNumber): C L 'I ~ Jurisdiction (check all that apply): ACTION IS A LIMITEDCIVIL CASE Amount demanded ~vr does not exceed $ 10,000 exceeds $ 10,000but doesnot exceed626,000 ACTION IS AN UNLIMITEDCIVIL CASE (amount demanded exceeds $ 26,000) ACTION IS RECLASSIFIED by this amended from unlawful detainer to general from unlawful detainer to general complaint or crosswomplaint unlimited civil (possession not In Issue) limited civil (possession not In issue) ~ (check all that apply): from limited to unlimited from unlimited to limited 1. PIAINTIFF (name each): Bernadette Zachariah allegescauses of actionagainst DEFENDANT (name each): Erlinda Santamaria Cj plaintif ls(1) (2)~ C~] ~ an individual over the age a public agency of 18 years. (4) (6) ~ a partnership. a corporation. b. ~ (3) Plaintiff has other (specify); complied with the fictitious business name laws and is doing businessunder the fictitious name of (specffy). 3. Defendant named above of the premises is in possession locatedat (street address, and county): city, zip code, apf. no., 285 Sunshine Dr. Pacifica,94044 San Mateo County 4. 5. Plaintiff's interest The true names in the premises and capacities is ~v's of defendants owner sued as ~ Does are other(specify): unknown to plaintiff. 6. a. Onorabout(date): March 9,2007 defendant (name each): Erlinda Santamaria ~v'onth-to-month (1) (2) agreed agreed to rent the premises to pay rentof$ as a ~ 2595.00 payable tenancy ~v'onthly ~ ~~ other tenancy (specify): other(specifyfiequency): b. (3) This agreed ~4 to pay rent written ~ on the oral first of the month agreement ~ was made ~g other day with (specify): 'OTE: (1) (2) ~ ~~ plaintiff. plaintifrs agent. (3) (4)~ plaintifrs predecessor other (specify): in interest. Do not use this form for evictions after sale (Code Civ. Proc., g 1161a). Page1of 3 Form Approved for Opftonel Use Counal of Calrfomia Judssal UD-100 (Rev July 1, 2005I COMPLAINT — UNLAWFULDETAINER Cnnl Code, g 1940 ei seq Code of Ciwl Procedure gg 425.1 2, 1166 www.coumnfo ca gov CASE NUMBER: PLAiNTiFF (Name). Bernadette Zaehariah oEFENoANT(Name): Erlinda Santamaria 6. c. ~ ~ The defendants not named in item 6a are (1) (2) ~ ~ subtenants. assignees. d. ~ (3) other (specify): The agreement was later changed as follows (specify): e. ~d A copy of the written agreement, including any addenda or attachments of this complaint, that form the basis is attached f. ~ and labeled ~ Exhibit 1.(Required (For residential property) for residential properly, unlessitem 6fis checked. is not attached A copy of the written agreement because See Code Civ. Proc., (specify reason): $ 1166.) 7 ~~ a. (1) (2) ~ Defendant the wntten agreement this action (name is solely for nonpayment each): of the is not in the possession of rent (Code landlord or the landlord's CI. Proc.,tt 1161(2)). employees or agents. Erlinda Santamaria was served the following notice on the same date and in the samemanner: (1) (2) (3) ~ C~l ~ 3-day 30-day 60-day notice to pay rent or quit notice to quit notice to quit (4) (5) (6) ~ C3 ~ 3-day notice to perform covenants 3-day notice to quit Other (specify): or quit (1) On (date): Feb.17,2013 the period statedin the notice expired at the endof the day. (2) Defendants failed to comply with the requirements of thenotice by that date. All facts statedin the notice are true. CH The notice includedan electionof forfeiture. A copy of the notice is attachedand labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., $ 1166.) One or more defendants were served (1) with a different notice, or (3) in a different (2) on a different date, manner, as statedin Attachment 8c. (Check item 8c and attacha statementproviding the Information required byitems 7a-e and 8 for each defendant.) (1) (2) ~ The notice ~ in item 7a was served by personallyhanding on the defendantnamed a copy to defendant by leaving a copy with (name in item 7a as follows: on (date): or description): a person residence (date): ~ of suitable age and discretion, business on (date): AND mailing a copy to defendant because defendant cannot at defendant's at defendant'splace be found at defendant's of residence residenceor usual on of business. (3)~J'y place postinga copy on the premises on (date):Feb.11,2013 AND giving a copy to a person found residingat the premisesAND mailing a copy to defendantat the premiseson (a) ~ (date): ~~ Feb.11,2013 because because defendant's no person residence of suitable and usualplace of business or discretion cannot be ascertained OR ~ (b) age can be found there. (4) (Alot for 3/l +~@~, hereinafterreferred to asTenant, the sum of 3912.50 (thirty ninehundred twelve dollarsand fiftycents ), asa deposit which, upon acceptance ofthisrental agreement, the Owner of the premises, hereinafter referredto as Owner, shallapply said deposit asfollows: TOTAL RECEIVED BALANCEDUE Rent for the period from March 15,07- Mar.31,07 1297.50 1297.50 Security deposit (not applicabletoward last months rent) $ 2595.00 2595.00 Other .creditcheck fee. 20.00... $ 20. $ Total. $ 3912.50 3912.50 In the eventthat this agreement is not acceptedby the Owner or his authorized agent,within 3 days, the total deposit received shall be refunded. Tenant hereby offers to rent fiom theOwner the premises situatedin the CITY of Pacifica , County of San Mateo , Stateof CA 94044 described as 285 Sunshine ccnsistingof upon thee terms. 1. TERM: The tenn hereof shall commence on Mar. 9,2007 , and continue (check one of the two following alternatives): until Mar.31.2008 ,fora monthly rentof $ 2595.00 on a month-to-month basis thereafter,until either party shall terminate thesame by giving the other party 30 days written notice delivered by certified mail. 2. RENT: Rent shall be $ 2595.00, per month, payable in advance, upon the 1st day of each calendar month to Owner or his authorizedagent, at thefollowing address: B. or C. Zachariah, 7777 Bates Rd. Tracy, CA. 95304, or atsuch other places as may be designated by Owner from time to time. In the eventrent is not paid withinFIVE days afterdue date, Tenant agrees topay a late fee of $ 45.00. The late charge period is not a graceperiod,and Owner isentitledto make written demand for any rent unpaid on the second day of the rental period.There is adishonored check fee of $25.00. Any unpaid balances remaining aftertermination of occupancy are subject to 1 per month of the maximum rate 1/2 '/0 interest allowed by law. 3. MULTIPLEOCCUPANCY: It is expressly understood that this agreement is between the Owner and each signatory jointly and severally.In the eventof default by any one signatory each and every remaining signatory shall be responsible for timely payment of rent andall other provisionsof this agreement. 4. UTILITIES: Tenant shall be responsiblefor the payment of all utilities and services,except , which shall be paid by Owner. 5. USE: The premises shall be used exclusively as a residencefor no more than l persons. Guests staying more than a total of 30 daysin acalendar year without written consent of Owner shallconstitute aviolation of thisagreement. 6. ANIMALS:No animals shall be brought on the premises without the prior consent of the Owner 7. HOUSE RULES: In the event that the premisesare a portion of a building containingmore than one unit, Tenant agrees to abideby any and all houserules,whether promulgated before or after the executionhereof, with respect including, but not limited to, rules to noise,odors, disposalof refuse,animals, parking, and use of common areas. Tenant shall not have a waterbed on premises without of the Owner. prior written consent 8. ORDINANCES AND STATUTES: Tenant shall comply with all statutes, ordinances and requirement of all municipal, stateand federalauthoritiesnow in force, or which may hereafter be in force, pertainingto thesue of the premises. Ifyou are located in a rent control area, contact Rent and Arbitration Board for your legal rights 9. ASSIGNMENT AND SUBLETTING: Tenant shall not assignthis agreement or subletany portion of the premises without prior written consentof the Owner. 10. MAINTENANCE,REPAIRS OR ALTERATIONS: Tenant acknowledges that the premises are in good order and repair,unless otherwise indicatedherein. Tenant shall,at his own expense, and at all times, maintain the premisesin clean and sanitarymanner including all equipment,appliances, furniture and furnishingstherein and shallsurrender the same, at termination hereof,in asgood condition asreceived, normal wear and tear excepted. Tenant shall be responsiblefor damages caused by the negligence and that of his family or invitees and guests. Tenant shall not paint, paper or otherwise redecorate or make alterations to the premiseswithout priorwritten consent ofthe Owner. Tenant shall irrigate and maintain any surrounding grounds, including lawns and shrubbery, and keep the same clear of rubbishor weeds, ifsuch grounds area part of the premisesand areexclusively for the use of the Tenant. Tenant shall not commit any waste upon said premises, or nay nuisance or act which may disturb the quiet enjoyment of any tenant in the building.At the time of occupancy there areno broken windows. Tenant is responsible for replacement of broken windows except ifwindow is non operable (cannot open/close). Tenant is responsiblefor clogged sewer, sink, or toilet lines unless sewer pipe is defective.The lawn should be maintained and ifit is not maintaineda professionalgardener can be hired to upkeep the lawn and the expenses will be added to the rent. 11. DAMAGE TO PRESMISES: Ifthe premises areso damaged by fire or from any other causeas to render them untenantable, then the right to terminate either party shall have this Leaseas of thedate on which such damage occurs, through written notice to the other party, to be given within fifteen (15) daysafter occurrence of such damage, except that should such damage or destruction occur as the result of the abuse or negligence of Tenant, or its invitees, then Owner only shall have the right to termination.Should 2 either Owner or Tenant, then rent for thecurrent month shall be proratedbetween the partiesasof the datethe this right be exercised damage occurred and any prepaid rent and unused security depositshall be refunded toTenant. Ifthis Lease is notterminated, then Owner shall promptly repair the premises and there shall be a proportionatededuction of rent until the premisesare repaired and ready for Tenant's occupancy. The proportionate reduction shallbe based on theextent to which themaking ofrepairs interferes withTenant'sreasonableuse ofthepremises. Anybroken.windows are theresponsibilityofthe Tenant. Anysewerbackup is the responsibility of Tenantunless the pipe isdefective. the premises: the right to enter (a) in caseof emergency; (b) to make necessary or 12. ENTRY AND INSPECTION: Owner shall have decorations, alterations,improvements, supply necessary or agreed services,exhibit the premises to prospective or agreed repairs, actual purchasers,mortgages, tenants,workmen or contractors;(c) when tenanthas abandoned or surrendered the premises. Except under and (c), entry may not be made other than during normal business hours, and without not less than 24 hours priornotice to (a) Tenant. 13. INDEMNIFICATION:Owner shall not be liable for any damage or injury to Tenant,or any other person, or to any property, occurring on the premises or any part thereof,or in common areasthereof,unless such damage isthe proximate result of the negligence of unlawful act of Owner, his agents,or his employees. Tenant agrees tohold Owner harmless from any claims for damages, no matter how caused, except for injuryor damages for which Owner islegallyresponsible. 14. PHYSICAL POSSESSION: Owner shall not be liable for any damage or injury to Tenant,or any other person, or to any property, occurring on the premises er any part thereof,or in common areasthereof, unless such damage is theproximate resultof the negligence or unlawful act of Owner, his agents, or his employees. 15. DEFAULT: IfTenant or perform any tenn hereof, shall fail to pay rent when due, after not less than three (d j days written notice of such default given in the mannerrequired by law, theOwner at his option, may terminate all rightsofTenant hereunder, unless Tenant, within said such time, shall cure default.IfTenant abandons or vacates theproperty, while indefault of thepayment of rent, Owner may consider any property left on the premises to beabandoned and may dispose of thesame in any manner allowed by law. In the eventthe Owner reasonably believesthat such abandoned property has no value, itmay be discarded. Allproperty on the premises is hereby subject to a lien in favor of Owner for the paymentof all sums due hereunder, to the maximum extent allowed by law. Inthe event ofdefault by Tenant, Owner may elect to(a) continue the leasein effectand enforce allhisrights and remedies hereunder, including the right to recoverthe rent asit becomes due, or (b) at any time, terminateall of Tenant'srights hereunder and recover from Tenant all damages he may incur by reason of the breach the lease,including the costof recovering the premises, and including the worth at the time of suchtermination, or at the time of an awardifsuit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental losswhich the Tenant proves could be reasonably avoided. 16. SECURITY: The security deposit set forth, ifany,shall securethe performance of Tenant's obligations hereunder. Owner may, but shallnot be obligated to, applyallportions of said deposit on account of Tenant's obligations hereunder. Any balance remaining upon termination shall be returnedto Tenant. Tenant shall not havethe right to apply the security deposit in payment of the last month's rent. 17. DEPOSIT REFUNDS: The balance of all deposits shall be refunded within two weeks from date possession is deliveredto Owner or his Authorized Agent, togetherwith a statement showing any charges made against such deposits by Owner. 18. WAIVER: No failure of Owner to enforce any term hereof shall bc deemed a waiver. The acceptance of rent by Owner shall not any term hereof. waive his right to enforce 19. NOTICES: Any notice which either party may give or is required to give, may be given by mailing the same, certified mail, to Tenant at the premisesor to Owner at the address shown herein or at suchother places as may be designated by the partiesfrom time to time. 20. HOLDING OVER: Any holding over after expiration hereof, with the consent of Owner, shall beconstrued as a month-to-month tenancy in accordance with the terms hereof,as applicable, until either party shall terminate the same by giving the other party thirty (30) days written notice delivered by certified mail. 21. TIME: Time is of the essence of this agreement. 22. SUBSTANCE ABUSE: Any drug activity by tenant is groundsfor eviction. ENTIRE AGREEMENT: The foregoing constitutes the entireagreement between the parties and may be modified only by a writing signed by both parties. The following Exhibits, ifany, have been made a part ofthis agreement before the parties'xecution hereof: The undersigned Tenant hereby acknowledges receipt of a copy hereof Lessor: B. OR C. ZACHAB'JAH 7777 BATES RD. Tracy, CA. 95304 (209) 836-1489 Acceptance: Owner DATED: "=,:,:: .'.;Ii7'4'i IQNiiiI',ll & ii'.I]llg'Vill' >h>."premises described as Q f5 X »n/SHlit/8 Mg.. P3 C/&Cd'-Wnr pry-TZ-,' County, California. g fggg PI.EASE TAIiE NOTICE that the rent is >now due and payable on the abo'. Iesci ibed premises which you currentl~ hold occupancy 'i'o«i i entaI account is delinquent in the ainoiint itemized as folloii '~'3 ~~~'~» Rem>Due s'~~ p5 gg.oo Rent Due g alice legal proceedings against you to (1) declar» a forfeiture of your lease agiee>n ",; ,'2>i ecover possession of the premises'3) recover the rent demanded neiein, dui '.. t'oi pei iods coi ered by this notice,'nd, (4) recover damaees for each day that you occiip; i';;~ ..ein>. e.-.a'.tei the periods covered bv this notice, and costs of suit and attorney'; I'ee> :::ih«altern itiie, you are ieq«»ed to vacate a:id deliier the piemises to ihc .,«>.i.».>i,i.;I;in i)-ice dais ifter seriico of this notice. ii you fail io timely pay the amount deinanded by this notice, the under ignen :J~";l»ci the foi feiture of the rental agreement under which you hold possession of the p> c;n:sea As required by law, you are hereby notified that a negative credit report reflecting .::;you: credit history may be submitted to a credit reporting agency ifyou fail tofulfillthe terms of your credit obligations. This Three Day Notice to Pay Rent or Quit supersedes all previous Three.Day Notices to Pay Rent or Quit. Q>i y Bl',RNADETTE ZACH.CI.'iI-l. () i".:i' PROOF OF SERVICE I, the undersigned, being at least 18 years of age, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the above mentioned tenant(s) in possession in the manner(s) indicated below'n , I handed the notice to the tenant. On ,after attempting personal service, I handed the notice to a person of suitable age and discretion at the tenant's residence/business of the person(s) in possession, AND I deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to him/her them at his/her/their place of residence (date mailed, if different ). On +51/ ~ ~~, after attempting service in both manners indicated above, I posted the notice in a conspicuous place at the residence of the tenant(s), AND I deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to him/her/them at his/her/their place of residence (date mailed, if different ). Executed on F+> ~~ ~ ~, at the City of/4/l ~<&ounty of~W~~'P, State of California. Served by'. Print Name-'